During
General Zial-ulHaq’s regime, amendments were made in various laws and different
orders and ordinances were passed. Benazir Bhutto challenged some of these
amendments and orders through two cases. Among these case first is remembered
as Benazir Bhutto vs Federation of Pakistan PLD 1988 SC 416 and other is
remembered as Benazir Bhutto vs Federation of Pakistan PLD 1988 SC 66.
Bench
of Supreme Court
- Chief Justice: Sajjad Ali Shah
- Justice: Saleem Akhtar
- Justice: Fazal Ilahi Khan
- Justice: Zia Mahmood Mirza
- Justice: Irshad Hasan Khan
- Justice: Raja Afrasiab Khan
- Justice: Munawar Ahmad Mirza
Facts of Cases
Following
are the Facts of the case
1.
Facts of Case of Benazir Bhutto vs Federation of Pakistan PLD 1988 SC 416
Following
are the points are important to explain it.
1.1
Political Parties Act, 1962
General
Zia-ul-Haq’s government made different amendments in Political Parties Act,
1962. Through this case, it was alleged that these amendments were in violation
of those fundamental rights, which constitution of Pakistan has provided in
form of freedom of association and equality of citizens.
1.2
Freedom of Association Order, 1978
Different
powers were granted under Freedom of Association Order, 1978. Through this
case, these granted powers were alleged as unconstitutional.
1.3
Article 270-A of Constitution of Pakistan
Article
270-A of constitution of Pakistan affirmed different laws, order and
ordinances, which General Zia-ul-Haq passed after imposition of martial law.
Through this case, it was alleged that Article 270-A curtailed rights of
citizens especially right to form some political party or to be member of some
political party. Even it was also alleged that Article 270-A was in contradiction
of Article 2-A of constitution.
Facts
of Case of Benazir Bhutto vs Federation of Pakistan PLD 1988 SC 66
Section
21(1)(b) of Representation of People Act provided provisions for allocation of
prescribed symbols to each contesting candidate. Through this case, this
section was challenged as unconstitutional.
Conclusion
To
conclude, it can be stated that a comparison can be made between these two
cases and case of Asma Jillani vs Federation of Pakistan judgments of all these three case were announced after end of
military regimes of General Yahya Khan and General Zia-ul-Haq.
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